UPC CFI, LD Mannheim, 5 December 2025 : Infringement action dismissed , inadmissible counterclaim for revocation subject to intra-procedural condition.

Infringement action dismissed due to insufficient substantiation by the Claimant. (Article 25 UPCA, Rule. 171 RoP). 

Inadmissible counterclaim for revocation (subject to intra-procedural condition). (Rule 25 RoP ). 

It is upon the claimant to substantiate why it is of an opinion and point to specific facts (Article 25 UPCA, Rule. 171 RoP) and,  if contested by Defendants - to offer adequate proof for such factual statements. In the absence of such statement, the Infringement Action has to be dismissed. 

Inadmissible counterclaim for revocation subject to intra-procedural condition (finding of infringement) (Rule 25 RoP). 

It can be left open, whether this situation falls within the ambit of amendment or withdrawal (Rule 263 RoP or Rule 265 RoP.) 

The aspect of costs is not an interest in itself  (Article 69 UPCA), the costs of the Counterclaim for revocation on Defendants part are not to be borne by Claimant.

IPPT20251205, UPC CFI, LD Mannheim, Centripetal v Keysight Technologies